New Anchor-out Law - Madeira Beach FL

[sailorboy1]

it wouldn't stand once challenged. But someone is probably going to have to challenge it.

Or I wonder it letting the State people know that the town is passing "laws" they don't have authority to do would correct it.

Condo people living next to the water crack me up. Did they not expect there to be boats in "their" water?

[Morequestions]

I'm a big fan of the sailing VBLOGS on Youtube. People all over the world sailing and living 24-7 on their boats. And few if any that Ive seen can afford in their budget staying at a Marina for more then 1 or 2 days a month. One mentioned a night in a local 5 star hotel was cheaper than a night at the marina there. It would be a shame to gentrify the waterways here and run everyone out. Use to be if you bought a house on the waterfront you knew ships would sail by, boats would be moored, at low tide the mud would stink, and if a storm destroyed your house you had to fix it yourself. Now they benefit by subsidized insurance and don't want you around.

[Cadence]

Originally Posted by Morequestions

I'm a big fan of the sailing VBLOGS on Youtube. People all over the world sailing and living 24-7 on their boats. And few if any that Ive seen can afford in their budget staying at a Marina for more then 1 or 2 days a month. One mentioned a night in a local 5 star hotel was cheaper than a night at the marina there. It would be a shame to gentrify the waterways here and run everyone out. Use to be if you bought a house on the waterfront you knew ships would sail by, boats would be moored, at low tide the mud would stink, and if a storm destroyed your house you had to fix it yourself. Now they benefit by subsidized insurance and don't want you around.

That pluff mud smells great when you grew up around it.

[Woodland Hills]

Originally Posted by Ken Pole

It strikes me (somewhat simplistically) that if offending boats can truly be identified as "derelict", the sundry governments involved should take legal action to seize them, acquire title and then, if practicable, auction them off. I concede that it can be more difficult than seizing abandoned motor vehicles but nothing ventured, nothing gained.

I read these posts about auctioning them off, but who wants them? And if anyone wants a derelict boat can they afford to pay anything? It sounds like it would cost more than it brings in to administer the program. How would you get them ashore, where would you store them and who will pay to dispose of them. Finally who pays to obtain title? The taxpayer of course. Can these little towns pay for all this without raising taxes? Can they afford to lose a test case on freedom of navigation that takes up to a decade to wend its way higher and higher in the court system? I doubt it, thus it’s all bluff: they are just hoping to avoid pissing off the wrong deep pocketed boater or boating lawyer.
Legitimate cruisers have nothing to fear, it’s just part of the age old tradition of harassing the poor, better known as Rousting the Bums.

[smbdyiam2]

This is the town website . https://madbeachstorage.nyc3.cdn.dig...ns-Jan.-1-.pdf
New law is shown here.
I sent email telling them I can spend my little money else where. Also told them I would pass the word . So I am.
Lee

[mvweebles]

Originally Posted by cking

We see this come up time and again but unfortunately this is conflicting with current state law. Link:

The local news reports went into more detail and depth than the national ones (including Passagemaker, which had a regurgitation of the press release). The 'spares bonafide cruisers' comment in PMM's headline was a nod to the $5/fee and 72-hour limit.

In short the town council was aware of this provision, and the City Attorney suggested ways to prevent running afoul of the state statute which is how they came up with the rules ($5/fee, etc.). I'm not saying it's right or wrong or even that I understand it or whether it would survive a challenge. I'm just saying Madeira Beach, like almost all municipalities, has an attorney who is skilled in this specialized field of law and is paid to find and resolve these conflicts.

I don't really care one way or the other, but I'm always amazed how sailors support indigent owners of derelict boats - Richardson Bay off Sausalito has been dealing with this for 50+ years (in fact, San Francisco had big issues with abandoned ships during mid-1800s when 100's of crew would abandon ship to pan for gold). When I drive by a homeless encampment of old beat-up RVs, I'm guessing the KOA-set don't come to their defense in nearly the same way.

[Cadence]

Seems to me a street address for the marina is somewhat arsenene. Mile marker, buoy #. How about a phone # or VHF channel.
Does the $5 include marina amenities or a dinghy dock?

[Miniyot]

Originally Posted by Cadence

That pluff mud smells great when you grew up around it.

Aah, low tide! Ugh....

[smbdyiam2]

I just looked at city website again. VEEEEEEry interesting. city has very little business. City just hired a new Marina manager. Marina open 7 am till sunset. Marina rents slips and sells permits for anchoring. Follow the money if you have a boat in their city limits you pay city... Marina is at southwest end of bridge. Looks like I will go through, non stop. Lee

[ramblinrod]

Originally Posted by GordMay

I'm not implying/opining - just offering some fact, which others might use, in part, to form opinions.

About 15 years ago, some Ontario Provincial Parks, governed by the Ontario Ministry of Natural Resources, installed moorings in popular bays at park locations , and posting signs that anchoring (going on since before confederation) was no longer allowed and boaters must pay a fee to take a mooring.

The Ontario Boating Federation was formed and donations were used to take the province to court. The Supreme Court ruling was that the province had no jurisdiction over navigable waters. The moorings were promptly removed and signs taken down.

The province can only charge boaters a landing fee (as they had been doing) should a boater set foot on provincial park land. Fair enough.

A local municipal marina had been charging an anchoring fee in the turning basin. When challenged, they will advise the fee only need be paid if the boater intends to land and use marina facilities. In my opinion, if one landed a dinghy on the beach, accessible to the general public, to walk into town to buy groceries, there would be no authority by the town to charge the boater a fee. Now, to use facilities available only to seasonal or transient paying boaters (eg. showers) I would suspect they do have authority to charge a fee.

Not sure what the federal laws are in US and what authority individual states or municipalities have been granted, but this is how things currently work in Canada.

[conchaway]

I don't go where I'm not wanted ( Just sayin').

[sailorboy1]

Originally Posted by conchaway

I don't go where I'm not wanted ( Just sayin').

How do you know?

Just asking

[duckpond49]

Originally Posted by Chotu

Let's hope that like many other places, they do plenty of profiling and selective enforcement of this law.

72 hours is a bit short for a stay. Should have made it a week or two so people could spend some money there.

The 72 hour limitation falls somewhere between inhospitable and short-sighted. Cruisers visit friends, take care of repairs and business. Give 'em at least a week before declaring they're ner'do'wells.
The 8 hour limitation is unrealistic and falls somewhere between inhospitable and unsympathetic. Visiting a doctor or getting someone to their flight is hard enough without fear of repercussions.

[33trippindaisy]

Most of us know which States we will be moving through, both coming and going. If you will be in a State that has these idiot laws, then you must be pro-active! Buy an Out of State Fishing License for all required persons on board, and yes for each State you will be in.....Why you ask? So you can fish, dive, and eat from the bounty available, and most of all you become a LEGAL fisherman no matter where your boat might be sitting unless they have a No Fishing Ordinance as well, in which case you don't spend a dollar and need to keep moving anyway. No LEO can stop you from anchoring to fish legally in their waters where you have all legal requirements to do so. Of course night fishing is Legal, and so is fishing in the same spot for five days if thats where you want to fish. Keep the poles out and baited, have all your "requirements" handy and ready for inspection, and enjoy your stay. Remember to be nice when approached, tell them your goal is to legally fish every mile of their State, and that you appreciate them for their "Service". Being a former LEO, I can assure you not many Judges will tolerate them hauling you to Court for legally fishing, with a current Fishing License from their State. We simply must be a bit smarter than they are, and legally counter every move without even an argument. Thats why I love fishing so much!

[33trippindaisy]

The shoreline saltwater fishing license is available to Florida residents only. Nonresident saltwater anglers must purchase a regular nonresident saltwater fishing license at $17 for three days, $30 for seven days or $47 for one year, regardless of whether they fish from shore or a vessel............obviously at $47.00 you get a lot of overnight fishing opportunities in a year! Besides, fresh fish taste so yummy!